HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 6335 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In terms of the FIR, a missing person report was lodged alleging that daughter of the informant was enticed by some unknown person. Subsequently, in the statement under Section 180 BNSS, the victim stated that she had gone with the applicant and thereafter, she had gone to Lucknow. She also accepted that her mother had scolded and thereafter, she had not gone to school. Tentative age of the victim is around 15 years. Medical on record does not corroborate the allegation of rape. Learned counsel for the applicant submits that the case of the applicant stands on a better footing than that of the co-accused, Munna @ Munuwa, against whom the allegation of rape was made and who has already been granted bail by a coordinate Bench of this Court vide order dated 29.10.2025 passed in Criminal Misc. Bail Application No. 9148 of 2025. It is submitted that the only allegation against the present applicant is that he allegedly enticed away the minor girl, while the allegation of rape pertains solely to the co-accused, Munna @ Munuwa. The learned counsel, therefore, seeks parity with the bail order of the co-accused. It is further submitted that the applicant is languishing in jail since 02.05.2025 without having any criminal antecedent. There is no possibility Versus Counsel for Applicant(s) : Dinesh Kumar, Dinesh Kumar, Rajesh Kumar Counsel for Opposite Party(s) : G.A. Sajan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned AGA has opposed the bail application, however, could not dispute the fact that it is a case of parity. On due consideration to the role assigned to the applicant; co-accused Munna @ Munuwa has been granted bail; charge sheet has been filed, coupled with the fact that the applicant is languishing in jail since 02.05.2025, without having any criminal antecedents, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. Accordingly, the bail application is allowed. Let the applicant involved in FIR No.121 of 2025, under Section 65(1), 87, 137(2), 351(3) BNS & Section 3/4 of POCSO Act, P.S. Baskhari, District Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, BAIL No. 6335 of 2025 2 without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. November 6, 2025 R.C. BAIL No. 6335 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench